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JETPUR MEMON ASSOCIATION versus ZUBEDA BEGUM


OI, r 10 (2) Addition of parties as predicated on the interests of the plaintiffs claiming to file a plot to prevent the municipal corporation from forcibly removing or demolishing its structure, primarily by notice of the corporation's error Because of And in the interest of the plot occupants, no advance right can be decided and in the interest of the plotters there is another case challenging the validity of the corporation's pending action, allotted to the plot (applicants). After the judgment of the suit affecting the interest of the case and the order is issued in the case, the declaration of unauthorized construction on the plot will continue and as a result, the applicants will be compulsorily prejudiced. Will be affected, the party required for it

1981 C L C 1245

[Karachi]

Before Abdul Hayee Kureshi, J

The JETPUR MEMON ASSOCIATION‑Petitioner

versus

Mst. ZUBEDA BEGUM AND 9 others‑Respondents

Civil Revision No. 109 of 1971, decided on 3rd March 1980.

(a) Civil Procedure Code (V of 1908)‑----

‑‑‑ O. I, r. 10(2)‑Addition of parties to suit‑Predecessor‑in‑interest of respondents occupants of plot filing suit for declaration and injunction to restrain Municipal Corporation from forcible removal or demolotion of his structure‑Suit decreed, mainly on ground of invalidity of notice by Corporation and right of predecessor -in‑interest of occupants of plot not determined ‑ Predecessor‑in -interest of occupants of plot filing second suit challenging validity of Corporation's contemplated action‑Held, decision of suit bound to affect interest of allottee of plot (petitioner) and in case of suit being decreed, unautborised construction on plot would continue to stand and such result prejudicially affecting petitioner, petitioner held, necessary party to suit.

Haji Abdul Wahab v. Karachi Municipal Corporation P L D 1956 Kar. 391 ref.

(b) Civil Procedure Code (V of 1908)‑------

--------O. I, r. 10(2)‑Addition of parties to suit‑Petitioner applying to be joined as party in second suit filed by predecessor‑in‑interest of occupants of plot allotted to petitioner‑Petitioner not filing suit for possession of plot in spite of prior suit having been decided in favour of predecessor‑in‑interest of and occupants of plot‑Held, such circum. stance would not bar petitioner from being joined as party and Court has only to see party interested in subject‑matter of suit or likely to be prejudiced by its result.

Jan Muhammad Dawood for Applicant.

Ikram Ahmed Ansari for Respondents Nos. 1 and 9.

S. M. Muslim Naqvi for Respondent No. 10.

Date of hearing : 3rd March 1980.

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